PSS dismissal and abandonment

I filed for post separation support as a dependent spouse on SSD after my husband left in November. He was abusive and I asked him to go stay at our other house and separate. He completely ceased paying everything, Had the lights cut off, refuses to give me any information about the mortgage and my vehicle. It is all in his name because he took care of all the bills. I have two children from a previous relationship. My name is on the deed, but not the loan. He got a lawyer and I could not afford one. After many months delaying the case, my home is in foreclosure and the car he bought me is about to be repossessed. The judge dismissed my claim, and he is now counter claiming ED. He filed a joint tax return and claimed my children without my consent or knowledge as well. I had no clue at the hearing what to do other than present the facts. I tried to appeal it yesterday and I could not because it’s $300. I was declared indigent when I filed the original claim, but apparently I cannot do that again. His counter claim even asks for me to pay his legal fees! I’m struggling to keep electric on, food in the fridge, and trying to prepare to move God knows where and without a vehicle. Isn’t this abandonment? Do I have any options at all to proceed? I have tried legal aid, local lawyers, the court… But I am living off of disability only. I have multiple scerolosis and have been on SSD for years before I ever met him. He has a 400 thousand dollar house and 4 vehicles and followed me to the gas station after court that day and laughed as I was sobbing about what just happened. I don’t even know how to answer his counter claim for equitable distribution. Can I file abandonment charges or anything?

Him refusing to provide support if he is the supporting spouse and you are the dependent spouse could be a type of marital misconduct which is relevant for alimony. It is not relevant for equitable distribution/property.

You may be able to file a motion for interim distribution so that the house and your vehicle can be distributed to you, along with the details of each so you can know how to pay for it, etc.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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